In a judgement ordered to be circulated to all subordinate courts in the State, the Madras High Court Bench here has held that litigants cannot approach the High Court directly, without moving an application before the jurisdictional district court, for intra-district transfer of civil cases.
Justice S.M. Subramaniam passed the order while dismissing a petition filed by a woman and her two minor children seeking transfer of a civil case related to a family property dispute from the first Additional District Munsif Court in Tiruchi to the third Additional District Munsif Court in the same district.
When the judge questioned the maintainability of the transfer petition, the petitioners’ counsel said Section 24 of the Code of Civil Procedure provided concurrent jurisdiction to the High Court and district courts to entertain transfer applications and hence litigants could approach either of the two courts.
Disagreeing with such an interpretation, the judge said: “If such an option is given to the litigants in all circumstances, it will create an ambiguity... and the original jurisdiction vested with the district court will be curtailed. The intention of the legislature is not to take away the power vested with the district courts.
“It is not that litigants can choose the forum in all situations. If we permit such a situation, then the High Court will be flooded with transfer petitions...This apart while entertaining such applications for transfer by the High Court, the power of the district court is taken away or usurped by the High Court. This will create a wrong precedent.”
Mr. Justice Subramaniam also went on to state: “The litigants cannot be permitted to choose the forum as per their likes and dislikes since it will create ambiguity and circumstances may arise where one litigant would file a transfer petition before the District Court and his opponent may file another transfer petition before the High Court in order to create inconsistency.
“Such a situation needs to be averted. The jurisdiction of the courts for filing transfer applications should be definite and clear. By vague and shallow interpretation, the litigants should not be allowed to choose the forum at their choice.” He also directed the High Court Registry to circulate the judgement to all lower courts for compliance.
